Kenyan case law
-
Mohamed Isse Muhamed v Director General of Immigration & 2 others [2017] KEHC 9553 (KLR)
✦ The application is dismissed. The applicant remains under the custody of the Immigration Department until he travels back to the United States of America.
-
Mwinyikombo Menza & another v Chief Magistrate’s Court, Mombasa & 2 others [2017] KEHC 3097 (KLR)
✦ The application is allowed as prayed with costs in the cause.
-
Republic v E M I & 6 others [2017] KEHC 9501 (KLR)
✦ Compelling reasons to deny bail include the nature of the charges, the strength of the evidence, the gravity of the punishment, the accused's criminal record, the likelihood of the accused interfering with witnesses, and the probability of guilt.
-
L M M (minor suing through mother and next of kin R M N) v Kenya Ferry Services Limited [2017] KEHC 1109 (KLR)
✦ The court held that the Hon. Magistrate erred in apportioning liability at 30:70 against the appellant and the respondent, respectively.
-
Bonface Mashedi Angolo v General Equipment Co. Ltd. [2017] KEHC 2937 (KLR)
✦ The appeal is dismissed with costs to the respondent.
-
Joseph Mulati Mafunga v Chabhadiya Enterprises Ltd [2017] KEHC 1142 (KLR)
✦ The appeal is successful, and the court awards Kshs.80,000/- for general damages and Kshs.5,300/- for special damages, totaling Kshs.85,300/-, with 30% contribution from the appellant.
-
Kenya Power & Lighting Co. Ltd. v James Onunga Otieno & 2 others [2017] KEHC 2938 (KLR)
✦ The appellant is wholly liable and the appeal is dismissed with costs to the Respondents.
-
Elijah Wambugu Ndegwa v Republic [2017] KEHC 2630 (KLR)
✦ The appellant was convicted on sound evidence and the appeal is dismissed.
-
Enock H. Okoyana Murambi v Republic [2017] KEHC 9484 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
-
Dancun Mwangi Kairu v Republic [2017] KEHC 346 (KLR)
✦ The conviction is quashed and the death sentence is set aside.
-
Judith Karoki Marete & another v Julius Muthuri Marete [2017] KEHC 2210 (KLR)
✦ The application is dismissed in its entirety with no orders as to costs
-
Ben Otieno Owaga & 2 others v Eliakim Owalla & another [2017] KEHC 816 (KLR)
✦ Final judgment entered against the defendants on liability at 100%. Special damages awarded to the plaintiffs.
-
Canifa Luka Musigari v Issa Khalid & Duke Nyambuti Gekara [2017] KEHC 2053 (KLR)
✦ The court declines to dismiss the suit but directs the expeditious hearing of the substantive suit. The plaintiff shall set down the case for trial within 45 days, failing which the suit shall stand dismissed.
-
Njue Mugo v Mutegi Mugweta & Mugo and Murango Mining Company Ltd (Civil Case 8 of 2016) [2017] KEHC 2632 (KLR) (12 October 2017) (Ruling)
✦ The court finds that the application is improper and that the applicant cannot seek final orders at an interlocutory stage. The court cannot issue final orders or reliefs sought in a suit without hearing all the parties.
-
P O W v Republic [2017] KEHC 65 (KLR)
✦ The conviction is upheld and the sentence is confirmed.
-
Erickson Mogusu t/a N.E. Mogusu & Associates v Mash East Africa Limited [2017] KEHC 2935 (KLR)
✦ The court finds that there was no retainer between the firm of Erickson Mogusu and Mash East Africa Limited and strikes out the Appellant's bill of costs with costs to the Respondent.
-
Board of Management, Changamwe Secondary School v Premji Patel Company Limited [2017] KEHC 3007 (KLR)
✦ The application for leave to file appeal out of time is dismissed without merit. The application for stay of execution is also dismissed.
-
Irene Mabuti Gitari v Zacharia Njege Gitari [2017] KEHC 2806 (KLR)
✦ The distribution of the estate by the trial magistrate was made in disregard of the law and in violation of the Constitution which prohibits discrimination and bias. The judgment of the trial magistrate is set aside. The estate of the deceased shall be distributed amongst his children and the surviving spouse in the ratio of 4:3.
-
Joel Kipkosgei Sigei v Peter Maina Macharia [2017] KEHC 537 (KLR)
✦ The High Court transfers the case to the Environment and Land Court due to the court's jurisdictional limitations.
-
Paddy Micro-Investments Limited v Peter Weru Kabui & another [2017] KEHC 2907 (KLR)
✦ The Court granted the stay of execution pending the appeal.
-
Nehemiah Odhiambo & 2 others v Manjeet H. Sembi & another [2017] KEHC 2892 (KLR)
✦ The prosecution was not malicious and the trial Magistrate did not err in finding that the ingredients for malicious prosecution were not met.
-
Bismack Lusaba v Republic [2017] KEHC 2316 (KLR)
✦ The appeal is allowed, and the conviction is set aside due to procedural errors. The case is remitted for retrial.
-
Samuel Githinji Mwangi v Xplico Insurance Company Limited & 2 others [2017] KEHC 1149 (KLR)
✦ The application is allowed, and a stay of execution is granted pending the hearing and determination of the suit.
-
Joseph Karaimu Muhumuki v Republic [2017] KEHC 432 (KLR)
✦ The conviction is upheld, but the sentence is reduced to 10 years imprisonment.
-
Rose Araka Mbeche v David Mathai Kihumba [2017] KEHC 276 (KLR)
✦ The court finds that the plaintiff was a bona fide purchaser for value of the suit property prior to the deceased's death, and the plaintiff fulfilled his obligations under the sale agreement.